GTC

GENERAL TERMS AND CONDITIONS

General Terms and Conditions
1. For business relations between mah-ATN GmbH (hereinafter: mah-ATN) and the customer in connection with the delivery of goods, these General Terms and Conditions of Sale (hereinafter: GTC) shall apply exclusively in the version valid at the time of the order. General terms and conditions of the customer shall only apply if mah-ATN has expressly agreed to them. This requirement of consent shall apply in any case, for example even if mah-ATN carries out the delivery to the customer without reservation in the knowledge of the customer's general terms and conditions.
2. These General Terms and Conditions shall only apply to entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law.
3. The reference to a written declaration within these GTC is to be understood as "text form" within the meaning of § 126b BGB; i.e. in particular that transmission by e-mail is sufficient.
Conclusion of contract
1. All offers made by mah-ATN are subject to change and non-binding; in particular, mah-ATN reserves the right to prior sale. If mah-ATN informs the customer about goods or offers them in any other way, mah-ATN is not making a binding offer to conclude a contract; rather, mah-ATN is inviting the customer to submit a binding offer. The same applies if mah-ATN provides the customer with price lists, catalogues, product descriptions or other documents - also in electronic form.
2. The order of the goods by the customer is deemed to be a binding contractual offer. The order can be placed by e-mail, by letter, by telephone or by fax. If the order is placed via the online shop on the website https://www.mah.de/, the special provisions in Section III shall apply.
3. Unless otherwise stated in the order, mah-ATN shall be entitled to accept this contractual offer within two (2) weeks of its receipt by mah-ATN. mah-ATN shall declare acceptance by confirming the order by e-mail or letter or by delivering the goods to the customer.
4. Verbal declarations by employees of mah-ATN do not constitute declarations of acceptance of the contract. Verbal agreements with mah-ATN employees (including field service and at the factory) are otherwise only binding after written confirmation by mah-ATN.
Orders in the online shop
1. If the customer uses the online shop on the website https://www.mah.de/ to place an order, the following provisions of this Section III shall apply.
2. Before placing an order, the customer shall create a user account on the website. Registration may only be carried out by a person who is authorised to do so under the articles of association, by law or in any other way. mah-ATN shall activate the customer's user account and inform the customer accordingly. The customer has no claim to activation; in particular, mah-ATN is entitled to refuse the customer's registration.
3. By placing the goods in the online shop, mah-ATN does not submit a binding offer to the customer to conclude a contract; rather, mah-ATN invites the customer to submit a binding offer.
4. The contract is concluded via the online shopping basket system as follows:
  1. The customer can place the goods intended for purchase in the 'shopping basket'. using the corresponding button in the navigation bar, the customer can call up the 'shopping basket' and make changes there at any time.
  2. After accessing the 'Checkout' page, the customer can change the billing and delivery address data saved.
  3. Before submitting the order, the customer has the option of checking all details again, changing them (also using the 'back' function of the Internet browser) or cancelling the purchase.
  4. By sending the order via the 'buy now' button, the customer declares the submission of the offer to be legally binding. The order can only be sent if the customer has ticked the box 'I have taken note of the data protection provisions. I have also read the terms and conditions and agree to them. I confirm that I am acting as an entrepreneur or on behalf of a company'.
  5. After the customer has placed the order, mah-ATN sends the customer an e-mail confirming receipt of the order. This order confirmation does not constitute acceptance of the offer. The contract is only concluded when mah-ATN confirms the order by e-mail or letter.
5. The processing of the order and transmission of all information required in connection with the conclusion of the contract is regularly carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
6. The complete text of the contract is not stored by mah-ATN after the contract has been concluded. Before sending the order, the customer can print out the contract data using the browser's print function or save it electronically.
Prices, terms of payment, default of payment by the customer
1. The prices are ex warehouse mah-ATN, excluding packaging, dispatch, customs duties and other public charges and plus the statutory value added tax.
2. Advance payment may be demanded from customers with whom mah-ATN does not have a permanent business relationship or who have not fulfilled their obligations from previous contracts or have not fulfilled them on time.
3. The customer shall be in default upon expiry of the set payment deadline. A discount shall only be granted if mah-ATN states this in the order confirmation.
4. The customer shall only be entitled to set-off or retention rights to the extent that his claim has been legally established, is undisputed or has been recognised by mah-ATN. In the event of defects in the goods, the customer's counter-rights shall remain unaffected.
Deadlines for delivery; delay
1. Delivery deadlines shall only be binding if they have been agreed in writing or specified by mah-ATN when the order is accepted. Compliance with delivery deadlines is subject to the timely receipt of all documents to be supplied by the customer and compliance with the agreed terms of payment. If these conditions are not fulfilled in good time, the deadlines shall be extended accordingly, unless mah-ATN is responsible for the delay.
2. Before payment of due and undisputed invoice amounts, including costs and interest, or in the event of unauthorised refusal of acceptance of earlier deliveries by the customer, mah-ATN shall not be obliged to make any further deliveries under any current contract. In this case, agreed delivery periods shall be interrupted until payment has been made.
3. mah-ATN reserves the right to withdraw from the contract in the event that the ordered goods are not in stock because mah-ATN is not supplied by a reliable supplier through no fault of its own despite having placed a congruent order. In this case, mah-ATN will inform the customer immediately of the unavailability and refund any price already paid by the customer without delay.
4. If mah-ATN is unable to deliver the goods due to events that are unforeseeable or beyond mah-ATN's reasonable control - including, but not limited to, natural disasters, natural catastrophes, floods, floods, floods, floods, floods, floods, floodincluding but not limited to natural disasters, pandemics, epidemics, terrorism, war, strikes, official measures, labour or material shortages, embargoes, strikes - (hereinafter referred to as "Force Majeure"), the delivery period shall be extended by the duration of the Force Majeure. The customer has no rights or claims against mah-ATN due to the delay in delivery caused by the occurrence of a Force Majeure. This shall also apply in the event that force majeure occurs at a supplier of mah-ATN. If there is already a delay in delivery at the time of the occurrence of the force majeure, mah-ATN shall not be liable for any delay during the existence of the force majeure. If the customer is not responsible for the delay in delivery and if the delay in delivery is more than three months, the customer shall be entitled to withdraw from the contract.
5. The customer is obliged, at mah-ATN's request, to declare within a reasonable period of time whether he is cancelling the contract due to the delay in delivery or whether he insists on delivery.
Delivery, transfer of risk
1. Delivery shall be ex warehouse Baierbrunn, which is also the place of fulfilment for the delivery and any subsequent fulfilment.
2. mah-ATN shall select the type of despatch (in particular transport company and despatch route).
3. The risk of accidental loss or deterioration of the goods shall pass to the customer as soon as they are handed over to the carrier or the customer is in default of acceptance.
4. If the customer is in default of acceptance, if he fails to co-operate or if delivery by mah-ATN is delayed for other reasons for which the customer is responsible, the entire purchase price shall become due immediately and any agreed payment periods shall lapse. In addition, mah-ATN shall be entitled to demand compensation for the damage caused by the delay, including additional expenses (e.g. storage costs).
Retention of title
1. All delivery items shall remain the property of mah-ATN (hereinafter referred to as "reserved goods") until fulfilment of all claims and demands, including all current account balance claims, to which mah-ATN is entitled against the customer, irrespective of the legal grounds. If the value of all security interests to which mah-ATN is entitled exceeds the amount of all secured claims by more than ten per cent (10 %), mah-ATN shall release a part of the security interests at the customer's request; mah-ATN shall be entitled to choose the security interests to be released.
2. For the duration of the retention of title, the customer is prohibited from pledging the goods or assigning them by way of security and may only resell them to resellers in the ordinary course of business and only under the condition that mah-ATN is authorised to do so.resellers in the ordinary course of business and only under the condition that the customer as reseller receives payment from his customer or makes the reservation that ownership shall not pass to his customer until the latter has fulfilled his payment obligations.
3. If the customer resells goods subject to retention of title, he hereby assigns to mah-ATN by way of security his future claims and ancillary claims against his customers arising from the resale - including any balance claims. If the goods subject to retention of title are resold together with other items without an individual price having been agreed for the goods subject to retention of title, the customer shall assign to mah-ATN that part of the total price claim which corresponds to the price of the goods subject to retention of title invoiced by mah-ATN.
4. The customer is authorised to process the goods subject to retention of title or to mix or combine them with other items. The processing shall be carried out for mah-ATN. The new item shall be deemed to be reserved goods.

mah-ATN and the customer already now agree that in the event of combination or mixing with other items not belonging to the customer, mah-ATN shall in any case be entitled to co-ownership of the new item in the amount of the share resulting from the ratio of the value of the combined or mixed reserved goods to the value of the other goods at the time of combination or mixing. In this respect, the new item is deemed to be reserved goods.

The provision on the assignment of claims in accordance with section VII 3 shall also apply to the new item, whereby the assignment shall only be made up to the amount corresponding to the value of the processed, combined or mixed reserved goods invoiced by the customer.

1. The customer shall store the reserved goods for mah-ATN with the care of a prudent businessman; he shall insure them at his own expense.
2. Until revocation, the customer is authorised to collect assigned claims. In the event of good cause (e.g. suspension of payments; indications of over-indebtedness, etc.), mah-ATN shall be entitled to revoke the authorisation to collect. In the event of revocation, mah-ATN may demand that the customer informs it of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. mah-ATN may also, after prior warning, disclose the assignment by way of security itself and realise the assigned claims.
3. The customer must inform mah-ATN immediately of any seizures or other interventions by third parties. He must provide mah-ATN with the information and documents required to assert his rights.
4. If the customer acts in breach of contract, in particular in the event of default in payment, mah-ATN shall be entitled to withdraw from the contract and/or to demand the return of the goods subject to retention of title after the unsuccessful expiry of a deadline set for the customer to perform; the statutory provisions on the dispensability of setting a deadline shall remain unaffected. The demand for return does not at the same time include the declaration of cancellation; mah-ATN is rather entitled to demand only the return of the goods and to reserve the right of cancellation.
Claims for defects
1. The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title, unless otherwise stipulated in these GTC. The special statutory provisions on recourse claims shall remain unaffected by the deviating provisions in these GTC, unless a claim for damages is involved.
2. Advertising statements and the product description in mah-ATN's catalogue do not constitute quality specifications. The target quality is based solely on the content of the order confirmation. No guarantees are given. Deviations from samples that are customary in the trade or industry or product-specific deviations do not constitute a defect. Differences in colour, structure, pore size etc. are typical for natural products (leather, hides) and do not constitute a defect.
3. Unless otherwise agreed, mah-ATN is obliged to provide the goods free of industrial property rights and copyrights of third parties (hereinafter referred to as "property rights") only in the country of the place of delivery.
4. The customer's claims for defects presuppose that he has fulfilled his statutory duties of inspection and notification of defects. In the case of goods that are intended for installation or attachment to other items, an inspection must always be carried out immediately before processing. If an obvious (including wrong and short delivery) or hidden defect becomes apparent during the inspection or later, the customer must notify mah-ATN immediately in writing. The notification shall be deemed immediate if it is made within one week after delivery or, in the case of hidden defects, after discovery of the defect, whereby the timely dispatch of the notification shall suffice to meet the deadline. If the customer fails to inspect and/or notify mah-ATN, all warranty claims against mah-ATN shall be excluded. In the case of goods which are intended for installation or attachment to other items, this shall also apply if the defect only became apparent after the corresponding processing as a result of the breach of one of these obligations; in this case, the customer shall in particular have no claims for compensation for corresponding removal and installation costs.
5. If there is a defect in the goods, mah-ATN shall be entitled to determine the type of subsequent fulfilment, taking into account the type of defect and the justified interests of the customer.
6. Claims of the customer due to an infringement of property rights are excluded if the infringement of property rights is caused by special specifications of the customer, by an application not foreseeable by mah-ATN or by the fact that the goods are modified by the customer or used together with products not supplied by mah-ATN. Otherwise, in the event of an infringement of property rights, mah-ATN shall, at its own discretion and at its own expense, either obtain a right of use for the goods concerned, modify them in such a way that the property right is not infringed, or replace them. If this is not possible for mah-ATN under reasonable conditions, the customer shall be entitled to the statutory rights of cancellation or reduction.
7. The customer must give mah-ATN the time and opportunity required for the subsequent fulfilment owed and must in particular hand over the rejected goods for inspection purposes.
8. mah-ATN is entitled to make the subsequent fulfilment owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a reasonable part of the purchase price in proportion to the defect. If the subsequent fulfilment has failed twice or a reasonable deadline to be set by the customer for the subsequent fulfilment has expired unsuccessfully or is dispensable according to the statutory provisions, the customer may withdraw from the contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of cancellation.
9. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods have subsequently been moved to a location other than the customer's branch office, unless the transfer corresponds to its intended use. If there is in fact no defect, mah-ATN may demand reimbursement of all costs incurred as a result of the request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognisable to the customer.
10. Claims for damages due to a defect exist in accordance with the provisions of section IX and are otherwise excluded.
Claims for damages
1. Claims for damages by the customer are excluded. Notwithstanding the above, mah-ATN shall be liable in accordance with the statutory provisions:
  1. Claims for damages by the customer arising from injury to life, limb or health, and
  2. Claims for damages by the customer which are based on an intentional or grossly negligent breach of duty by mah-ATN, its legal representatives or its vicarious agents, and
  3. Claims for damages by the customer arising from the not insignificant breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer relies).in this case, however, mah-ATN's liability shall be limited to compensation for the foreseeable, typically occurring damage if the damage was caused by simple negligence.
2. The limitation of liability resulting from section IX 1 also applies to the personal liability for damages of mah-ATN's employees, workers, staff, suppliers, subcontractors, representatives and vicarious agents.
3. The limitation of liability resulting from section IX 1 shall not apply if mah-ATN has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The limitation of liability shall also not apply if mah-ATN has reached an agreement with the customer regarding the quality of the goods. In addition, claims under the Product Liability Act or other mandatory law remain unaffected.
Limitation period
1. The general limitation period for claims arising from material defects and defects of title is one (1) year from the transfer of risk. This does not affect special statutory provisions on the limitation period (in particular §§ 438 para. 3, 445b BGB).
2. The customer's claims for damages pursuant to Section IX.1.a) and Section IX.1.b) as well as under mandatory law shall become time-barred exclusively in accordance with the statutory limitation periods.
3. The above limitation periods of the law on sales shall also apply to contractual and non-contractual claims for damages of the customer based on a defect of the goods, unless the application of the regular statutory limitation period would lead to a shorter limitation period in individual cases.
Intellectual property rights

mah-ATN does not transfer any intellectual property rights, in particular copyrights and design rights, to the delivered goods and to any documents provided (such as product descriptions, catalogues, digital and physical sample cards). The customer shall respect the intellectual property rights of mah-ATN contained in the goods and in the documents. The customer shall only use the goods in the contractually intended and customary manner and, in particular, shall not reproduce, reverse engineer or imitate them.

Final provisions
1. The contract, including its interpretation, shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Munich. mah-ATN shall, however, be entitled to bring an action at the customer's place of business. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
3. The contractual language is German.
4. Should one or more provisions of these GTC be or become invalid or unenforceable, or should these GTC contain a loophole, the remaining provisions of these GTC shall remain unaffected. The parties undertake to replace the invalid provision with another provision that corresponds to the economic sense and purpose of the valid provision. No verbal collateral agreements are made. amendments to these GTC must be made in writing to be valid.